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HomeMy WebLinkAbout01-0565JEREMIAH L. GIBSON, Plaintiff V. JODY GIBSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2001- CIVIL TERM CIVIL ACTION-LAW IN CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Jeremiah L. Gibson, an adult individual residing at 3564 Valley Road, Marysville, Perry County, Pennsylvania 17053. 2. The defendant is Jody Gibson, an adult individual residing at 805B West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following child: Name Present residence Age Dylan M. Gibson 805B West Valley Street born June 4, 2000 Mechanicsburg, PA 17055 The child was not born out of wedlock. The child is presently in the custody of Defendant, who resides at 805B West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Jeremiah L. Gibson and 2437 O'Hara Drive April 21, 1998 to Jody Gibson Raeford, North Carolina 28376 August 11, 2000 Jeremiah L. Gibson and 805B West Valley Street August 11, 2000 Jody Gibson Mechanicsburg, PA 17055 to January 1, 2001 Jody Gibson 805B West Valley Street January 1, 2001 to Mechanicsburg, PA 17055 to present The natural mother of the child is Jody Gibson, currently residing at 805B West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The natural father of the child is Jeremiah L. Gibson, currently residing at 3564 Valley Road, Marysville, Perry County, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Sherry L. Bullock Mother 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Dylan Gibson Relationship Son 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER A?llr vkt. Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 mas.dirldomesticlcustodylg ibson.com VERIFICATION 1 verify that the statements made in the foregoing Complaint for Custody are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jeremiah L. LLLGibson ) 01 ? il 11 d? 0111 1111 11111 11 n a m r?+ Z z N r z a c 0 w 0 z m a s z ? o a, n cn ? n m m z E C a l C_ -- r L7 ? c- JEREMIAH L. GIBSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JODY GIBSON DEFENDANT • 01-565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 31ST day of January , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliat at 4th Floor, Cumberland County Courthouse, Carlisle on the 28th day of February , 2001, at 3:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By. isi Jacqueline M. Verney, EsgP" Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i MAR 5 z001t JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : No. 2001-565 CIVIL ACTION - LAW JODY GIBSON, IN CUSTODY Defendant ORDER OF COURT AND NOW, this _ day of W 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Jody Gibson, and the Father, Jeremiah L. Gibson, shall have shared legal custody of Dylan M. Gibson, born June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Pending the Custody Conciliation Conference scheduled for May 9, 2001 at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room, Mother shall have primary physical custody of the child with Father having periods of partial physical custody as follows: a. Alternating weekends from after work on Fridays to Sunday at 6:00 p.m. b. Every Tuesday and Thursday evening from after work to 9:00 p.m. 3. The parties shall share transportation on alternating weekends with the receiving party picking up the child. Father shall be responsible for all transportation during the weekday custody periods. 4. The parties shall share the Easter holiday with the party not having custody otherwise shall have custody of the child from 1:00 p.m. to 6:00 p.m. 5. A Custody Conciliation Conference is scheduled for May 9, 2001 at 9:30 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room. 6. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Tti1 COURT cc: Michael A. Scherer, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother +;P3 1 41-s ?i?.IVt'1(" ! "'?I? ?rl si l., qr• .ri, [, ? ?T ?Giil(". Mm ft MAR 5 zoo?b? JEREMIAH L. GIBSON, Plaintiff V. JODY GIBSON, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : No. 2001-565 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan M. Gibson June 4, 2000 Mother 2. A Conciliation Conference was held on this matter on March 14, 2001. Mother, Jody Gibson, was present with counsel, Bradley L. Griffie, Esquire, and Father, Jeremiah L. Gibson, was present with counsel, Michael A. Scherer, Esquire. 3. Father was seeking shared physical custody of the child, however the parties agreed to entry of an Order in the form as attached and agreed to return to the Conciliator following eight weeks of custody as set forth in the attached Order. 3 -t s --Ci ( Date ? cqu me M. Verney, Esqu>re Custody Conciliator MAY 0 8 20016/ JEREMIAH L. GIBSON, Plaintiff V. JODY GIBSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 2001-565 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 81h day of May, 2001, the Conciliator being notified that the parties are satisfied with the prior Order, the Conciliation Conference scheduled for May 9, 2001 at 9:30 a.m. is hereby cancelled and the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac eline M. Verney, Esquire, Cust Conciliator ? ?,y. , i ? ? n. i 1 ?-[? f ? ? ? ??r?,-? DL ... .... .. Jerem air L 6)bsoo , V. La3e-0 0 1-,?1o? iodq L- 67, b5vo Petition for Ememency Relief 06/22/2007 To Whom It May Concern: I am writing this in hopes of modifying an already existing custody order. In September of 2006 Jeremiah L. Gibson (the father of Dylan M. Gibson) suffered a severe brain stem injury causing a massive stroke. Since that time I, Jody L. Gibson has retained all custody of Dylan. I have provided numerous visits for the two of them including visits at medical facilities, my home and now at Jeremiah's home. I have reluctantly provided 2 overnight visits since September. The overnight visits consisted of dropping Dylan off in the late evening and returning to pick him up the following morning. I was not comfortable doing so but being that there is an order in place for Jeremiah to obtain custody of Dylan every other weekend I felt an obligation to the court to obey the order at hand. Understanding that this medical condition was no fault of Jeremiah's, I still have a responsibility to my son. I need to be sure that he is taken care of and is kept safe at all times. Jeremiah is a wonderful father and I hate to see him and Dylan go through this, but at this point in my opinion, his condition prohibits him to care for a seven year old child properly for an extended period of time, such as overnight or for an entire weekend. His stroke has caused him to be confined to a wheelchair and unable to care for himself. I do not want to have time taken away from Jeremiah, but I do feel that there is such a thing as too much. We need to consider what is in the best interest of Dylan. His safety is of the utmost importance. Jeremiah is physically incapable of preparing food, assisting with bath time, etc. I am in no way saying that Jeremiah should not,pe able to spend time alone with Dylan, but I believe that at this point in time it should be limited and/or supervised. I would be willing to have this order revised according to Jeremiah's progress. HOPEFULLY Jeremiah will be able to obtain more functions and return to a more functional lifestyle enabling him to retain more extended unsupervised visitation with his son. I have tried to communicate with Jeremiah and come to a solution on our own, with no prevail. I expressed to him my concern with he and Dylan being there with no supervision and he becomes very angry. I in no way can understand what he is going through. However, I would hope he would try to understand the situation. I have asked him to guarantee that he would have someone with him at all times when he obtains custody for the existing order. His response to me is "No, and I do not need to." When I explain to him how uncomfortable I am with Dylan being there unsupervised, He becomes angry, curses and calls me names. I have exhausted all attempts to reason with Jeremiah. This is why I have requested an emergency relief. Sincerely, ? ., 0 dy Lynn Gibson Case # 01-565 MAR 15 zoom' JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : No. 2001-565 CIVIL ACTION - LAW JODY GIBSON, : IN CUSTODY Defendant ORDER OF COURT .1 AND NOW, this C_k' day of 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jody Gibson, and the Father, Jeremiah L. Gibson, shall have shared legal custody of Dylan M. Gibson, born June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Pending the Custody Conciliation Conference scheduled for May 9, 2001 at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room, Mother shall have primary physical custody of the child with Father having periods of partial physical custody as follows: a. Alternating weekends from after work on Fridays to Sunday at 6:00 p.m. b, Every Tuesday and Thursday evening from after work to 9:00 p.m. 3. The parties shall share transportation on alternating weekends with the receiving party picking up the child. Father shall be responsible for all transportation during the weekday custody periods, 4. The parties shall share the Easter holiday with the party not having custody otherwise shall have custody of the child from 1:00 p.m. to 6:00 p.m. 5. A Custody Conciliation Conference is scheduled for May 9, 2001 at 9:30 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room. 6. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TtIE COURT .. 4 cc: Michael A. Scherer, Esquire, Counsel for Father Bradley L. Grime, Esquire, Counsel for Mother 11 ? 03-lq- S e P I r .? JEREMIAH L. GIBSON, PLAINTIFF V. JODY L. GIBSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-0565 CIVIL TERM ORDER OF COURT AND NOW, this Z day of June, 2007, a hearing on the within petition for special relief shall commence at 10:30 a.m., Monday, July 2, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael Scherer, Esquire For Plaintiff Jody L. Gibson /'7u G_a1_o-7 Edgar B. Bayley, J. C? -;-? N iic AZ o ? C.j G? June 22, 2007 Jeremiah L. Gibson In the court of common pleas of Cumberland Plaintiff County, Pennsylvania Jody L. Gibson Defendant In Custody Order of the Court And now, this day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1.The mother, Jody L. Gibson will have full legal custody of Dylan M. Gibson, born June 4, 2000. 2. Father will obtain the following visitation. I have prepared a possible temporary solution. Wednesday evening from to 9:00 pm in the summer Wednesday evening from to 8:00 pm during the school year Every other weekend from 6:00 pm Friday until 4:00 pm on Sunday. ONLY WITH CONSTANT SUPERVISION AND OVERNIGHT SUPERVISION. 3. Easter and Christmas holiday from the hours of 2:00 pm until 7:00 pm 4. Transportation will be shared. (To be dicussed). BY THE COURT JEREMIAH L. GIBSON, Plaintiff V. JODY GIBSON, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-565 CIVIL TERM ER OF COURT AND NOW, his 2nd day of July, 2007, following a hearing on the peti io of Jody Gibson for special relief, IT IS ORDERED: 1. Those periods on alternate weekends under the current custody or rlof March 16, 2001, when the father has Dylan on Saturdays an Sundays shall for the next eight weeks bul may be unsupervised on both the Saturda not be overnights, y Y and Sunday. For t e ollowing eight weeks it shall include an unsupervised overn'gh on Saturday, and thereafter unsupervised overnights on Frid y nd Saturday. 2. The ar ies having already altered the Tuesday and Thursday evening p ov ded for in the prior order a Wednesday evening, this period f visitation mar- ' nsu /rvise . By??the Co t, ar t5. 13a-y ley, iV Ara F. Blair, Esq For Plaintiff ./ody Gibson, pro s 318 North Baltimor Mt. Holly Springs, Sheriff prs Lr IF nue 17065 v La.s 2y CL. - ~; F ce) t5 t d N Jun 29 07 03:09p Nora F. Blair (7171 541-1429 p.2 JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-0565 JODY L. GIBSON, : CIVIL ACTION -- CUSTODY Defendant PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for Jeremiah L. Gibson, Plaintiff, in the above-captioned case. DATED: 0 ?? Michael Scherer, Esquire Please enter my appearance as attorney for ,pyniah L. Gibson, Plaintiff, in the above-captioned case. DATED: c jr Noia'F. Blair, Esquire Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 a rl r yl JEREMIAH L. GIBSON, Plaintiff V. JODY L. GIBSON , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-565 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Jody L. Gibson, by and through her legal counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: 1. Your Petitioner is Jody L. Gibson, the above-named Defendant, an adult individual currently residing at 318 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Your Respondent is Jeremiah L. Gibson, the above-named Plaintiff, an adult individual currently residing at 1613 Baltimore Pike, Dillsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one Child, Dylan M. Gibson, June 4, 2000. 4. By Order of Court dated March 16, 2001, your Petitioner secured primary physical custody of the child and the Respondent secured periods of partial physical custody, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A". 5. By Order of Court dated July 2, 2007, the prior Order was modified with a copy of the July 2, 2007 Order being attached hereto and incorporated herein by reference as Exhibit "B". 6. Due to the Respondent's medical condition, he is unable to provide appropriate care, control, and supervision for the child. 7. Due to the Respondent's medical condition, the prior Orders in this matter should be modified to provide for supervision during any extended periods when Respondent has custody of the child, or in the alternative, provide for more limited periods of time when the child would be in the custody of Respondent. 8. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 9. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth other than proceedings docketed to the above captioned number. 10. Since the entry of the Order of March 16, 2001, the child has continued to reside with Petitioner in Cumberland County, Pennsylvania, thereby maintaining jurisdiction over the issue of custody of the child in the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order in this matter, as requested by Petitioner. Respectfully submitted, Br Vfor ffie , Esquire etitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: D 117 J DY . GIB ON, Petitioner/Defendant MAP 1 5 ?00Tbr, . JERENIIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : No. 2001-565 CIVIL ACTION - LAW JOD'Y GIBSON, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this /L day of 4nacc?) , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jody Gibson, and the Father, Jeremiah L. Gibson, shall have shared legal custody of Dylan M. Gibson, born June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Pending the Custody Conciliation Conference scheduled for May 9, 2001 at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room, Mother shall have primary physical custody of the child with Fat' ?r having periods of partial physical custody as follows: a. Alternating weekends from after work on Fridays to Sunday at 6:00 p.m. b. Every Tuesday and Thursday evening from after work to 9:00 p.m. 3. The parties shall share transportation on alternating weekends with the receiving party picking up the child. Father shall be responsible for all transportation during the weekday custody periods. 4. The parties shall share the Easter holiday with the party not having custody otherwise shall have custody of the child from 1:00 p.m. to 6:00 p.m. 5. A Custody Conciliation Conference is scheduled for May 9, 2001 at 9:30 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania, Fourth Floor Jury Assembly Room. 6. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control, J Q ?W ^ J BY THE COURT, S cc: Michael A. Scherer, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother i-s=m the seal of SdIG' Cou;'i ai Ica" "istc' Pa. P athonotaq JEREMIAH L. GIBSON, Plaintiff V. JODY GIBSON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-565 CIVIL TERM ORDER OF COURT - AND NOW, this 2nd day of July, 2007, following a hearing on the petition of Jody Gibson for special relief, IT IS ORDERED: 1. Those periods on alternate weekends under the current custody order of March 16, 2001, when the father has Dylan on Saturdays and Sundays shall for the next eight weeks not be overnights, but may be unsupervised on both the Saturday and Sunday. For the following eight weeks it shall include an unsupervised overnight on Saturday, and thereafter unsupervised overnights on Friday and Saturday. 2. The parties having already altered the Tuesday and Thursday evening provided for in the prior o der . a Wednesday evening, this period of visitation ma be? nsu rvise. By '*t Ca ar n. t+ay.LeY, Nora F. Blair, Esquire ` For Plaintiff Jody Gibson, pro se 318 North Baltimore Avenue Mt. Holly Springs, PA 17065 Sheriff ?, ,?, prs illy y? lvi J ? Q W Q Q JEREMIAH L. GIBSON, Plaintiff V. JODY L. GIBSON , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001-565 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 3 day of August, 2007, cause a copy of Defendant's Petition for Modification of Custody to be served upon Plaintiff by serving his attorney of record, Nora F. Blair, Esquire, by first-class mail, postage prepaid at the following addresses: DATE: Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112 ??oKney for P itioner GRIFFIE ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 C) ? a r7l CA) r- C d JEREMIAH L. GIBSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JODY L. GIBSON DEFENDANT 01-565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 13, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 06, 2007 ___ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqucline M. Verney,. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t? C x:15/ ? ?P 17 n &V Lil tSEP 2 8 2007 JEREMIAH L. GIBSON, Plaintiff VI. JODY L. GIBSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-565 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 16, 2001 and July 2, 2007 are hereby vacated. 2. The Mother, Jody L. Gibson and the Father, Jeremiah L. Gibson, shall have shared legal custody of Dylan M. Gibson, born June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Until the end of October, 2007 alternating weekends Saturday to Sunday overnight at the same times as previously agreed. B. Beginning November, 2007 alternating weekends from Friday, after school to Sundays at 6:00 p.m. The receiving party shall transport. C. Every Wednesday from after school to 7:30 p.m. Father shall be responsible for all transportation. D. Thanksgiving from 1:30 p.m. to 8:00 p.m. The receiving party shall transport. E. Christmas Day from 2:00 p.m. to 9:00 p.m. The relinquishing party shall transport. F. December 28, 2007 at 10:00 a.m. to December 31, 2007 at 6:00 p.m. The receiving party shall transport. G. Easter from 1:00 p.m. to 6:00 p.m. The receiving party shall transport. 5. During Father's periods of partial physical custody, Father shall have one of his caregivers or emergency contacts check in on Father and son. If nighttime emergency contact is not available, the parties shall switch weekends. 6. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. No one is to discuss the custody arrangement with the child. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for January 3, 2008 at 8:30 a.m. cc,?5r dley L. Griffie, Esquire, Counsel for Mother ora F. Blair, Esquire, Counsel for Father }- CV , tT? R3 -- c7r A f 'a- LL- IL r r-,r SEP 2 8 2007 JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-565 CIVIL ACTION - LAW JODY L. GIBSON, . Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan M. Gibson June 4, 2000 Mother 2. A Conciliation Conference was held in this matter on September 27, 2007, with the following in attendance: The Mother, Jody L. Gibson, with her counsel, Bradley L. Griffie, Esquire, and the Father, Jeremiah L. Gibson, with his counsel, Nora F. Blair, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, President Judge, dated March 16, 2001 and July 2, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. 0 l` 7 Date acq ine M. Verney, Esquire Custody Conciliator JAN 0 4 2008 of JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-565 CIVIL ACTION - LAW JODY L. GIBSON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this * day of , 2008, upon consideration of the attached Custody Conci ttion Re rt, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. a , of the Cumberland County Court House, on the 34 day of 2008, at ?'•?S o'clock, -i-. M., at which time testimony will betaken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated October 1, 2007 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley, cc: Nora F. Blair, Esquire, counsel for Father nn Bradley L. Griffie, Esquire, counsel for Mother (.?p t E.S M4V t &-C(-- 'd!e > LO 1 u Q u*; - . ?z a'% f psi , LL1 i JEREMIAH L. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-565 CIVIL ACTION - LAW JODY L. GIBSON, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan M. Gibson June 4, 2000 Mother 2. A Conciliation Conference was held January 3, 2008 with the following individuals in attendance: The Father, Jeremiah L. Gibson, with his counsel, Nora F. Blair, Esquire, and the Mother, Jody L. Gibson, with her counsel, Bradley L. Griffie, Esquire. 3. The Honorable Edgar B. Bayley, P.J., previously entered an Order of Court dated October 1, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and every Wednesday evening. 4. Father's position on custody is as follows: Father seeks shared legal and partial physical custody during the school year and shared physical custody during the summer and one-half of all school breaks. Father is wheel chair bound as the result of an accident and is at home for the child. Father maintains that he provides a healthy, nurturing environment for the child. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo: shared legal custody, Mother having primary physical and Father having alternating weekends and one evening per week. Mother seeks the exchange time on weekends and Wednesdays to be 6:00 p.m. and not after school. Mother maintains that Father has limited interaction with the child due to his handicap, that he is angry because of his physical condition and does not have a nurturing environment in his home. Mother asserts that the child recently has developed headaches which she attributes to stress as a result of the child's time with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. C` ? -off i ?? V Date acq line M. Verney, Esquire Custody Conciliator Nora F. Blair, Esquire Attorney for Jeremiah L. Gibson 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 JEREMIAH L. GIBSON, Plaintiff V. JODY L. GIBSON, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-565 : CIVIL ACTION -- CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY ORDER WITH NEW MATTER And now comes Jeremiah L. Gibson and by and through his attorney, Nora F. Blair, Esquire files this Answer to Petition for Modification of Custody Order with New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that Jeremiah Gibson (hereinafter "Father") is unable to provide appropriate care, control and supervision for his son. To the contrary, the parties' son is comfortable in his Father's care and his Father is able to provide proper care, control and supervision for his son. By way of further response, there have been no problems for the child during the time that Father has been disabled and his son has been in his care. 7. Denied. It is specifically denied that supervision is necessary or that Father's time with his son should be limited. to the contrary, Father has had his son for increased amounts of time during the phase-in time period and there have been no problems other than those created by Jody Gibson (hereinafter "Mother"). 8. Admitted. 9. Admitted. 10. Admitted. NEW MATTER 11. The parties with their respective counsel attended a custody conciliation conference on September 27, 2007 and an Order was entered on October 1, 2007. A copy of that Order is attached hereto, marked Exhibit "A" and incorporated herein by reference. 12. Paragraph 4.B. of the October 1, 2007, Order states that Father is to have his son on alternating weekends from after school on Friday to 6:00 p.m. on Sunday. 13. Paragraph 4.C. of the October 1, 2007, Order states that Father is to have his son on Wednesday evenings from after school to 7:00 p.m. 14. Because of his brain stem stroke, Father is unable to drive and must rely on others to transport his son. 15. Mother has refused to do all of the transportation and at the custody conciliation conference insisted that the transportation provisions of the prior order remain in effect. 16. The prior orders require that the parties share transportation for the weekends and that Father do all of the mid-week transportation. 17. Father has been unable to exercise his mid-week visits because of Mother's refusal to do some or all of the transportation. 18. Because Mother demanded such, Father had been picking up his son at 6:00 p.m. even though the Order provided for after school. 19. Mother has continually interfered with Father's ability to pick up his son after school on Friday. 20. The parties through counsel had been discussing the change of time because Father was having difficulty with the 6:00 p.m. time frame. Father had requested that he be able to pick up his son between 4:00 p.m. and 4:30 p.m. on Fridays. 21. On the evening of November 15, 2007, counsel for Father faxed a letter to counsel for Mother regarding the pick up time for Fridays indicating that the Order provided for after school. 22. Mother's counsel did not contact Father's counsel, but apparently contacted Mother who had her live-in boyfriend go to the school to prevent Father from picking up his son at school. 23. On other occasions, Mother has kept the parties' son home from school indicating that he was ill, but the parties son has told Father that he was not ill. 24. On other Fridays Mother has taken the parties' son out of school early so that Father would not be able to pick up the parties' son after school. 25. Mother has also had the minor child contact Father about plans that Mother has made for him that interfere with Father's time. 26. Mother's behavior is intended to and has interfered with Father's periods of time with his son pursuant to the custody order. 27. Mother uses the parties' son as a messenger instead of discussing issues with Father. 28. Mother has used the parties' son's emotions in an effort to reduce the amount of time that the parties' son spends with Father. 29. Mother claims that the parties' son is suffering from migraines. 30. Father spoke with his son's pediatrician's office and was told that his son has only been seen once for headaches on December 14, 2007. 31. Father spoke with the school nurse and was informed that the parties' son had only been to see the nurse one time for a headache. 32. Father believes and therefore avers that Mother's allegations about the headaches is for the purpose of interfering with Father's relationship with his son. 33. Father believes and therefore avers that Mother will continue to interfere with Father's relationship with his son. 34. Father believes and therefore avers that it is important for the parties' son to have a good relationship with both parents. 35. Father is able to care for his son, provide assistance with his homework and be with his son at all times. WHEREFORE, Jeremiah Gibson respectfully requests that Your Honorable Court enter an Order that will appropriately deal with the issues raised in this New Matter. DATED: ), _1 c,/_ Q& n ora v: mair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 SEP 2 8 2007 JEREMIAH L. GIBSON, Plaintiff VI. JODY L. GIBSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-565 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT S? AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 16, 2001 and July 2, 2007 are hereby vacated. 2. The Mother, Jody L. Gibson and the Father, Jeremiah L. Gibson, shall have shared legal custody of Dylan M. Gibson, born June 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to frill participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to theirs as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Until the end of October, 2007 alternating weekends Saturday to Sunday overnight at the same times as previously agreed. EXHIBIT "A" B. Beginning November, 2007 alternating weekends from Friday, after school to Sundays at 6:00 p.m. The receiving party shall transport. C. Every Wednesday from after school to 7:30 p.m. Father shall be responsible for all transportation. D. Thanksgiving from 1:30 p.m. to 8:00 p.m. The receiving party shall transport. E. Christmas Day from 2:00 p.m. to 9:00 p.m. The relinquishing party shall transport. F. December 28, 2007 at 10:00 a.m. to December 31, 2007 at 6:00 p.m. The receiving party shall transport. G. Easter from 1:00 p.m. to 6:00 p.m. The receiving party shall transport. 5. During Father's periods of partial physical custody, Father shall have one of his caregivers or emergency contacts check in on Father and son. If nighttime emergency contact is not available, the parties shall switch weekends. 6. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. No one is to discuss the custody arrangement with the child. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for January 3, 2008 at 8:30 a.m. BY THE COURT, S 6& A J 4 - All 1 J9-u // "WF / ? Edgar B. B ley, P. J. cc: Bradley L. Griffie, Esquire, Counsel for Mother Nora F. Blair, Esquire, Counsel for Father TRUE COPY FRO'A, RECORD In Te im,:;ny vvh::r-,1, < 'he- re ..t my hand and seat of said C rt Ca list , Pa. Thi .....]..._...,. day f.... PZ? othonotary VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: JEREMIAH L. GIB'SON, Plaintiff V. JODY L. GIBSON, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 2001-565 :CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Counterclaim to Divorce Complaint on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17103 Date: February 14, 2008 submitted, F. Blair Gr ? F -, ^'' ? r ; Y'?? ""T'? /':. ? '" ry ?" ,t (,ti,? „??.? -_? (, t? ??` JEREMIAH L. GIBSON, PLAINTIFF V. JODY L. GIBSON, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-565 CIVIL TERM ORDER OF COURT day of March, 2008, this court's order of January 9, 2008, is amended to reflect that the custody hearing shall commence at 8:45 a.m., Thursday, March 13, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Nora F. Blair, Esquire For Plaintiff /Bradley L. Griffie, Esquire For Defendant sal 00 'e-5 M = I L9?- .?fa/o8 Edgar B. Bayley, J. :, JEREMIAH L. GIBSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JODY L. GIBSON, NO. 2001-565 CIVIL TERM Defendant IN CUSTODY DEFENDANT'S ANSWERS TO PLAINTIFF'S NEW MATTER 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 14 and they are, therefore, denied. Defendant has never been provided with any specific information to detail the medical ailment that has afflicted Plaintiff, although it may have been a brain stem stroke. Further, Defendant is unable to determine whether Plaintiff has the ability, through use of his arms or limited use of his legs, to drive a vehicle or transport his son, although it appears this is the case. 15. Denied as stated. While it is admitted that Defendant will not agree to provide all of the transportation involved in these custody exchanges, it is correct that Defendant has indicated the prior transportation arrangements should remain in effect. It is further averred, however, that there was extensive negotiation in a two-hour Conciliation conference, at which time Defendant repeatedly attempted to compromise various positions that she was taking with Plaintiff, but Plaintiff refused to compromise any of his positions such that the transportation has remained as in the prior Orders. It is further averred, however, that since the Conciliation Conference and the entry of the prior Orders, there have been occasions where Defendant has offered to provide transportation for the child to assist Plaintiff under extenuating circumstances. 16. Admitted. 17. Denied. It is denied that Plaintiff has been unable to exercise his mid-week visits because of Defendant's refusal to do some or all of the transportation. It is averred that Plaintiff was not routinely exercising his mid-week visits even prior to his medical affliction. It is further averred that Plaintiff has numerous relatives and resources from charitable agencies to provide him with transportation, seemingly at his request, as he has routinely used transportation for his personal endeavors and for pleasure. It is further averred that if Plaintiff wished to exercise his mid-week visits, which he did not exercise even prior to his medical affliction, he could do so simply by making arrangements through the multitude of resources available to him to provide transportation. 18. Denied as stated. It is admitted that Plaintiff has been securing custody of his son for the past several periods of alternating weekends at 6:00 p.m. on Friday evening. It is further averred that the Court Order provided for an "after school" pick-up based upon the fact that Plaintiff indicated he would need to determine the exact time that he could secure transportation for purposes of picking up the child. It is further averred that both counsel and both parties engaged in discussions at the time of the Conciliation Conference and determined that "loose" language of "after school" would suffice for the Court Order and allow the parties to agree upon a time, whether it would be 5:00, 5:30, 6:00 or some other time, in that the parties and counsel knew that the pick-up time would be sometime "after school". It was never the parties' agreement for Plaintiff to pick the child up "from school" at the end of his school day. 19. Denied. It is denied that Defendant has continually interfered with Plaintiff's ability to pick up his son after school on Friday. It is further averred that Defendant has continually attempted to discuss these matters with Plaintiff and establish an agreed upon pick-up time after school and that Defendant's counsel has likewise attempted to establish an agreed upon pick-up time, but Plaintiff had initially insisted on picking the child up "from school", which was never the parties' agreement at the time of the Conciliation Conference. 20. Denied. It is denied that the parties, through counsel, have been discussing the change of time because Plaintiff was having difficulty with the 6:00 p.m. timeframe. It is denied that Plaintiff requested that he be able to pick up his son between 4:00 p.m. and 4:30 p.m. on Fridays. The allegation in paragraph 20 of Plaintiff's New Matter was the first time that Defendant and her counsel were aware that Plaintiff was requesting to pick the child up between 4:00 p.m. and 4:30 p.m. on Fridays. 21. Admitted. 22. Denied. It is admitted that Defendant's counsel did not contact Plaintiff's counsel relative to Plaintiff's counsel's correspondence of November 15, 2007 as Defendant's counsel was unavailable on that Friday. It is denied that Defendant's counsel had contacted Defendant on that Friday. It is averred that Defendant's live-in boyfriend (of more than six years) went to the school to pick up the child as the parties were accustomed for three years. It is further averred that Plaintiff appeared at the school, totally unexpectedly to Defendant or Defendant's boyfriend, to pick the child up from school. It is further averred that Defendant's boyfriend was not there to prevent Plaintiff from picking the child up from school, but was there to pick the child up from school as had always been his and Defendant's custom. It is further averred that it was Plaintiff who, without Agreement, determined that he would involve the school in this custody conflict and appear at the same time as the child was normally picked up by Defendant's boyfriend, which created the conflict. It is further averred that on other occasions, Plaintiff has agreed to a 6:00 p.m. pick-up time, only to go to the child's school without notice or agreement and take the child. 23. Denied. It is denied that Defendant has kept the parties' son home from school on any occasions other than when he was ill. It is denied that the parties' child has told Plaintiff that he was not ill, if there have been occasions where he was not in school. 24. Denied. Defendant has never taken action to prohibit Plaintiff from picking the child up after school. It is admitted, however, that the parties have not yet agreed upon a pick-up time for the child, although they had attempted to do so since the time of the custody Conciliation Conference, such that a specific pick-up time is, even as of this date, not agreed upon. 25. Denied. It is denied that Defendant has made plans for the child during Plaintiff's custodial periods and denied that Defendant has had the child contact Plaintiff about plans that Defendant has made for him that interfere with Plaintiff's time. 26. Denied. It is denied that Defendant has conducted herself in any way or committed any behavior that is intended to interfere with Plaintiff's periods of custody time with his son. 27. Denied. It is denied that Defendant uses the parties' child as a messenger instead of discussing issues with Plaintiff. It is averred, however, that Plaintiff absolutely refuses to answer the telephone when Defendant calls, allowing the phone calls to go to voicemail. It is further averred that Plaintiff has refused to return Defendant's telephone calls to discuss important issues with respect to the child. It is further averred that Plaintiff has refused to discuss important issues regarding the child in face-to-face discussions with Defendant. 28. Denied. It is denied that Defendant has used the parties' son's emotions in an effort to reduce the amount of time the parties' child spends with Plaintiff. 29. Admitted in part and denied in part. It is admitted that Defendant claims that the parties' son is suffering from migraine headaches. It is further averred, however, that this is based upon indications from medical care providers that this is the case. 30. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth to the averments set forth in paragraph 30 and they are, therefore, denied. It is admitted, however, that the child has been seen by the parties' pediatrician on one occasion for migraine headaches. 31. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 31 and they are, therefore, denied. It is specifically denied, however, that the parties' son has only been seen by the school nurse on one occasion for headaches. 32. Admitted in part and denied in part. It is admitted that Plaintiff may believe anything and certainly may believe the statements he makes in paragraph 32. It is denied, however, that these statements are accurate. It is denied that Defendant has made allegations about headaches for purposes of interfering with Plaintiff's relationship with the child, as the child's headaches may or may not have anything to do with his relationship with the child or his spending time in Plaintiff's custody. 33. Admitted in part and denied in part. It is admitted that Plaintiff may believe whatever he wishes to believe. It is denied, however, that Defendant has or will continue to interfere with Plaintiff's relationship with his son, as she has not interfered with that relationship in the past. 34. Admitted. It is further averred that Defendant wishes that Plaintiff would have a good relationship with his son, but Plaintiff insists on using the parties' son as a weapon to display his anger at Defendant. It is further averred that Plaintiff is failing to provide the attention to the parties' child that is necessary, both to care for the child and to develop the good relationship that he could have with his son. 35. Denied. It is denied that Plaintiff is able to provide care for his son and provide assistance with his homework and be with his son at all times. It is admitted that Plaintiff wants to spend time with his son. It is denied that Plaintiff is willing to provide the personal attention and care that the child needs and that the child desires to have from Plaintiff. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Orders of Court in this matter to reflect the best interest of the child. Respectfully submitted, VGriffie, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 A I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 16- J,6DY . GIBSON r-? ? ? ':? .., , t mfr ' . 1 .. .. .+r'? _' - ..__ ...rN' . -r? w .... R JEREMIAH L. GIBSON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JODY L. GIBSON, DEFENDANT 01-0565 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2008, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated. (2) Jeremiah L. Gibson and Jody Gibson shall have joint legal custody of Dylan Gibson, born June 4, 2000. (3) The mother shall have primary physical custody of Dylan. (4) The father shall have temporary physical custody of Dylan: (a) During each school year, on alternate weekends from Friday after school, when he will pick Dylan up, until Sunday at 6:00 p.m., or Monday at 6:00 p.m. if Monday is a school holiday, when the mother will pick him up. (b) During each summer school vacation period, in alternate weeks with exchanges each Sunday at noon. The father shall pick Dylan up at the start of his alternate weeks and the mother shall pick him up at the start of her alternate weeks. (c) From 2:00 p.m. each Christmas Day when he will pick Dylan up until 5:30 p.m. each December 27th when the mother will pick him up. The mother shall have Dylan each December 24th through 2:00 p.m. Christmas Day. r (d) On Thanksgiving in even numbered years from 10:00 a.m. until 7:00 p.m. unless the weekend is the father's alternate weekend in which case it shall extend until Sunday at 6:00 p.m. The father shall always pick Dylan up and return him to the mother unless it is his weekend in which case the mother shall pick him up on Sunday. The mother shall have Thanksgiving in odd numbered years. By t , Edgar B. Bayley, J. nn , ?Nora F. Blair, Esquire - en at l£cL For Plaintiff / adley L. Griffie, Esquire - Aan6e-S For X P Defendant :sal L Q N L?